Equitization definition
Examples of Equitization in a sentence
Except as otherwise set forth in this Agreement, any Non-Equitized PIPR Unit that does not become an Equitized PIPR Unit on such Revaluation Date shall remain outstanding and shall be eligible to become an Equitized PIPR Unit on each subsequent Revaluation Date in accordance with the Operating Agreement; provided that any such Non-Equitized PIPR Unit that has not become an Equitized PIPR Unit on or prior to the Final Equitization Date shall be automatically forfeited.
For the avoidance of doubt, from and after the relevant Equitization Date, the Equitized PIPR Units shall remain Unvested Awards until the Vesting Date.
The ultimate score achieved based on Appendix A (which may range from 0.0 to [●]) will be multiplied by [●] PIPR Units (the “Target PIPR Units”) in order to determine the number of PIPR Units, if any, that may vest upon satisfaction (or deemed satisfaction) of the Service Condition and the occurrence of the relevant Equitization Date on or before the fifth anniversary of the Grant Date (such date, the “Final Equitization Date”) in accordance with Section 1(b)(i), 1(b)(ii), 1(c), 1(d) or 1(e).
For the avoidance of doubt, any Plan that provides for the Second Lien Equitization Treatment shall be implemented in accordance with Path 1 (including with respect to repayment in full in cash of DIP Facility Claims and First Lien Lender Claims no later than 170 days after the Petition Date) and the treatment of Second Lien Note Claims shall be modified accordingly.
Any Fiscal Year PIPR Units will vest upon satisfaction (or deemed satisfaction) of the Service Condition and the occurrence of the relevant Equitization Date on or before the fifth anniversary of the date of grant (such date, the “Final Equitization Date”) in accordance with Section 1(b)(i), 1(b)(ii), 1(c), 1(d) or 1(e).
On each Equitization Date (as defined below), the Issuer shall deliver an Officer’s Certificate to the Trustee certifying that the Mandatory Partial Equitization complies with the terms of this Section 3.16.
The proceeds of the Loans and the Letters of Credit shall be used for (a) the payment of fees and expenses hereunder, (b) up to $10,000,000 of the Loans may be used as part of a Debt Equitization Event, (c) general corporate purposes and (d) Delayed Draw Loans may be utilized to Cash Collateralize, or reimburse the Issuing Bank for draws under, Letters of Credit.
The Mandatary Partial Equitization shall be implemented by the Issuer pursuant to Applicable Procedures and applicable laws and regulations without requiring the consent of, or any action on the part of, any Holders.
Rights Offering In connection with the Plan of Reorganization, the Debtors will solicit participation in a rights offering (the “Rights Offering”) to purchase the New Second Lien Convertible Notes (as defined below) for an aggregate principal amount of $300.0 million, which, when adjusted for the original issue discount and Equitization Premium (as defined below), purchases $433.3 million of New Second Lien Convertible Notes.
The Equitization Premium shall be shared ratably by all participants in the Rights Offering.